TPOTALK Terms of Service

Last Updated: December 30, 2025

Effective Date: December 30, 2025

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. BY USING OUR SERVICES, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR JURY TRIALS.

1. Acceptance of Terms

By accessing, using, registering for, or subscribing to any services provided by TPOTALK, LLC ("TPOTALK," "we," "our," or "us"), you ("User" or "you") agree to be bound by these Terms of Service ("Terms") and all applicable laws and regulations. These Terms constitute a legally binding agreement between you and TPOTALK.

IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 12, DO NOT USE OUR SERVICES. Your continued use of our Services constitutes your acceptance of these Terms, including any modifications we may make from time to time.

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through a notice on the Platform. Your continued use following any modifications indicates your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform.

These Terms apply to all users of the Platform, including users who are also contributors of content, information, and other materials or services on the Platform.

2. Description of Services

TPOTALK operates an information distribution platform for mortgage professionals, including loan officers, lenders, vendors, and account executives (the "Platform" or "Services"). The Platform is intended exclusively for use by businesses and licensed professionals located in the United States.

Important Disclaimers:

  • TPOTALK is not a lender, broker, or financial institution
  • TPOTALK does not originate, process, or facilitate loans
  • TPOTALK does not provide financial, legal, or professional advice
  • TPOTALK does not endorse, verify, or guarantee any information provided by users
  • TPOTALK is not intended for consumers seeking personal financing
  • TPOTALK is intended for entertainment and informational purposes only
  • All information on the Platform is provided for general information purposes only

All content is provided by users and third-party contributors. Users must independently verify all information before making any business decisions. TPOTALK makes no warranties regarding the accuracy, completeness, or reliability of user-provided content.

2.1 Definitions

For the purposes of these Terms, the following definitions apply to user account types on the Platform:

Loan Officer (LO)

A licensed mortgage professional who originates loans on behalf of borrowers. Also referred to as a Mortgage Broker or Loan Originator. Loan Officers work with multiple lenders to find suitable loan products for their clients. Loan Officers do not lend their own funds and are not direct lenders.

Lender

A financial institution that provides mortgage loans directly using its own capital or warehouse lines of credit. Lenders include banks, credit unions, correspondent lenders, warehouse lenders, and direct lenders. Lenders underwrite and fund loans in their own name. Mortgage brokers, broker shops, and loan originators operating under a broker license are NOT considered Lenders on this Platform. Lender accounts require verification and approval before obtaining posting privileges.

Vendor

A business entity that provides products or services to the mortgage lending industry. Examples include, but are not limited to: title companies, escrow services, appraisal management companies, credit reporting agencies, loan origination system (LOS) providers, marketing services, insurance providers, technology vendors, and conference/event organizers.

Account Executive (AE)

A sales representative employed by or contracted with a Lender to manage relationships with Loan Officers and broker partners. Account Executives promote their lender's loan programs, provide support to loan originators, and facilitate the broker-lender relationship. Account Executives are representatives of Lenders and are not independent mortgage brokers or loan originators.

By registering for an account, you represent and warrant that you meet the criteria for the account type you select. Misrepresentation of your account type may result in immediate account termination without notice or refund.

3. Eligibility and Account Registration

To use TPOTALK, you must be:

  • At least 18 years of age
  • A licensed mortgage professional, authorized business representative, or otherwise eligible to access the Platform
  • Located in the United States or its territories
  • Capable of forming a binding legal agreement
  • Not previously suspended or removed from the Platform

When creating an account, you agree to:

  • Provide accurate, complete, and current registration information
  • Maintain the security and confidentiality of your login credentials
  • Notify TPOTALK immediately of any unauthorized access to your account
  • Accept full responsibility for all activities that occur under your account
  • Not share, sell, or transfer your account access to others
  • Not create multiple accounts or accounts on behalf of others without authorization

TPOTALK reserves the right to verify your information and may require additional documentation. We may suspend or terminate accounts that provide false or misleading information, without notice or liability.

4. User Content and License Grant

4.1 Your Content

"User Content" means any content, materials, information, communications, comments, messages, documents, images, videos, audio, or other materials that you submit, post, upload, transmit, or otherwise make available through the Platform.

4.2 License Grant to TPOTALK

IMPORTANT - LICENSE GRANT: By submitting, posting, or displaying User Content on or through the Platform, you grant TPOTALK a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable, perpetual, and irrevocable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, and otherwise exploit your User Content in any and all media or distribution methods now known or later developed, for any purpose, including without limitation:

  • Operating, providing, promoting, and improving the Platform and Services
  • Distributing your content to other Platform users
  • Creating derivative works from your content
  • Developing, testing, and improving our products and services
  • Training, developing, and improving machine learning and artificial intelligence models
  • Analytics, research, and business intelligence purposes
  • Marketing and promotional purposes
  • Any other purpose related to TPOTALK's business operations

4.3 License Survival

This license survives termination of your account or deletion of your User Content. Even after you delete User Content or terminate your account, TPOTALK may retain and continue to use your User Content as follows:

  • Content that has been distributed to, copied by, or interacted with by other users
  • Content retained for backup, archival, disaster recovery, or security purposes
  • Content retained for legal, regulatory, or compliance purposes
  • Content that has been anonymized or aggregated
  • Content used in AI/ML training or model development prior to deletion
  • Cached or archived copies maintained in the ordinary course of business

You acknowledge that this license does not require attribution, compensation, or notification to you, and that TPOTALK may exercise this license without your further consent.

4.4 Representations and Warranties

By submitting User Content, you represent and warrant that:

  • You own or have the necessary rights, licenses, consents, and permissions to grant the above license
  • Your User Content does not violate any third-party rights, including intellectual property, privacy, or publicity rights
  • Your User Content does not violate any applicable laws or regulations
  • You have obtained all necessary consents from any individuals whose personal information is included in your User Content

4.5 No Obligation

TPOTALK has no obligation to store, maintain, publish, or make available any User Content. We reserve the right to remove, modify, or refuse to display any User Content for any reason, without notice or liability.

5. Content Standards and Prohibited Conduct

You agree not to post, transmit, or distribute content that:

  • Contains profanity, obscenities, or vulgar language in advertisements, messages, or communications
  • Is sexually explicit, suggestive, or inappropriate
  • Discriminates based on race, ethnicity, religion, gender, sexual orientation, age, disability, or any protected characteristic
  • Is defamatory, derogatory, threatening, or harassing toward any individual or group
  • Is false, misleading, deceptive, or fraudulent
  • Infringes any intellectual property rights, privacy rights, publicity rights, or other rights
  • Contains malicious code, viruses, malware, or harmful software
  • Constitutes spam, unsolicited commercial messages, or chain letters
  • Violates any applicable law, regulation, or industry standard
  • Promotes illegal activities or violates export control laws
  • Impersonates any person, entity, or falsely states your affiliation

You also agree not to:

  • Use the Platform for any illegal purpose or in violation of any laws
  • Interfere with, disrupt, or overload the Platform or servers
  • Attempt to gain unauthorized access to any part of the Platform or systems
  • Scrape, harvest, data mine, or collect information about other users without consent
  • Circumvent, disable, or interfere with security features
  • Use automated means (bots, scrapers, spiders) without written permission
  • Reverse engineer, decompile, or disassemble any part of the Platform
  • Use the Platform to compete with TPOTALK or for benchmarking purposes

Enforcement: TPOTALK reserves the right to remove any content and suspend or terminate accounts for violations, without prior notice or liability. We may report illegal activities to appropriate authorities and cooperate with law enforcement investigations.

6. Messaging and Communication System

TPOTALK provides a messaging and communication system for professional information distribution:

  • Platform-Only: TPOTALK is not an email service. Messages exist only within the Platform.
  • Template-Based: Direct messages use templates to maintain professional standards.
  • Broadcast Messages: Lenders, vendors, and account executives may send broadcast messages to loan officers who have opted to receive such communications.
  • No External Access: Messages cannot be sent or received outside the TPOTALK platform.
  • Professional Use: All messaging is intended for professional industry communication only.
  • No Privacy Expectation: You acknowledge that TPOTALK may monitor, review, and analyze all communications for compliance, quality, and business purposes.

By using the Platform, you consent to receive service-related communications, including account notifications, security alerts, system updates, and promotional messages from TPOTALK.

7. Subscriptions, Payment, and Refunds

7.1 Subscription Plans

Certain features require a paid subscription. By subscribing, you agree to pay all applicable fees as described at the time of purchase.

7.2 Automatic Renewal

IMPORTANT - AUTOMATIC RENEWAL: Your subscription will automatically renew at the end of each billing period (monthly or annually) at the then-current rate, unless you cancel before the renewal date. You authorize us to charge your payment method on file for each renewal period. YOU ARE RESPONSIBLE FOR CANCELING YOUR SUBSCRIPTION BEFORE THE RENEWAL DATE TO AVOID BEING CHARGED.

To cancel automatic renewal, you must cancel your subscription through your account settings or by contacting us at least 24 hours before your renewal date.

7.3 Refund Policy

IMPORTANT - LIMITED REFUND PERIOD: Refunds are available ONLY within twenty-four (24) hours of your initial subscription purchase AND ONLY if you have NOT used the Platform by posting, sending messages, or broadcasting any content. Once you use the Platform OR once the 24-hour period has elapsed (whichever occurs first), ALL FEES ARE FINAL AND NON-REFUNDABLE.

  • No refunds for partial months or unused time
  • No refunds for downgrades or plan changes
  • No refunds for termination due to Terms violations
  • No refunds for service dissatisfaction after the 24-hour period
  • No refunds for renewals (cancel before renewal date)

To request a refund within the eligible period, contact us through our Contact Form with your account email and reason for request.

7.4 Price Changes

We may change subscription prices with at least 30 days' notice. Price changes will take effect at the start of your next billing period following the notice. Your continued use after a price change constitutes acceptance.

7.5 Taxes and Fees

You are responsible for all applicable taxes, duties, and fees. If we are required to collect taxes, they will be added to your invoice. Subscription fees do not include any taxes unless explicitly stated.

7.6 Payment Processing

Payments are processed by third-party payment processors (currently Stripe). By providing payment information, you authorize us and our payment processors to charge your payment method. You are responsible for keeping payment information current.

8. Intellectual Property

8.1 TPOTALK Property

The Platform, including all software, code, design, text, graphics, logos, icons, images, audio, video, and other materials (excluding User Content), is owned by TPOTALK or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. All rights not expressly granted are reserved.

You may not copy, modify, distribute, sell, lease, or create derivative works from any part of the Platform without our prior written consent. The TPOTALK name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of TPOTALK. You may not use these marks without our prior written permission.

8.2 Feedback

If you provide any feedback, suggestions, ideas, or recommendations regarding the Platform ("Feedback"), you grant TPOTALK a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback without any obligation to you.

8.3 Copyright Infringement (DMCA)

If you believe content on the Platform infringes your copyright, please send a notice to our designated agent with:

  • Identification of the copyrighted work claimed to be infringed
  • Identification of the allegedly infringing material and its location on the Platform
  • Your contact information (name, address, phone, email)
  • A statement that you have a good faith belief the use is not authorized
  • A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner
  • Your physical or electronic signature

Send DMCA notices to: legal [at] tpotalk [dot] com with "DMCA Notice" in the subject line. We will respond to valid notices in accordance with the DMCA and may remove or disable access to infringing content.

9. Disclaimers and Limitation of Liability

9.1 Disclaimer of Warranties

THE PLATFORM AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, TPOTALK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TPOTALK DOES NOT WARRANT THAT: (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS FROM USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; (D) ANY ERRORS WILL BE CORRECTED; OR (E) THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Entertainment and Information Only: The Platform is provided for entertainment and general informational purposes only. TPOTALK is not responsible for any decisions made based on information obtained through the Platform.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TPOTALK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER TPOTALK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL TPOTALK'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED ONE HUNDRED DOLLARS ($100 USD).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TPOTALK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

9.3 Comprehensive Exclusions

Without limiting the foregoing, TPOTALK expressly disclaims and shall not be responsible or liable for any of the following, regardless of the cause or circumstances:

Content and Third-Party Matters:

  • User Content or any third-party content, products, services, or websites
  • Any transactions, interactions, or disputes between you and other users or third parties
  • Statements, conduct, defamation, libel, or slander by any third party or user on the Platform
  • Third-party services, APIs, integrations, payment processors, or external links accessible through the Platform
  • Any errors, omissions, inaccuracies, or misleading information in Platform content or User Content
  • Any decisions made or actions taken based on information obtained through the Platform
  • Reliance on any information, content, or materials provided through the Platform

Technical and Infrastructure Matters:

  • Loss, corruption, deletion, or unauthorized access to any data, User Content, or account information
  • Service interruptions, outages, downtime, maintenance, or technical failures
  • Unauthorized access to or alteration of your transmissions, data, or account
  • Telecommunications failures, internet connectivity issues, ISP failures, or infrastructure problems beyond our control
  • Hardware failures, software bugs, or system errors
  • Viruses, malware, malicious code, or other harmful components that may infect your device or data
  • Security breaches, hacking, or cyberattacks, despite our reasonable security measures
  • Delays or failures in Platform performance or functionality

Personal and Financial Matters:

  • Personal injury, bodily harm, or physical damage resulting from your use of the Platform
  • Emotional distress, mental anguish, psychological harm, or anxiety
  • Property damage, whether tangible or intangible
  • Lost profits, lost revenues, lost business opportunities, or lost sales
  • Lost savings, lost anticipated benefits, or lost expected results
  • Loss of goodwill, reputation damage, or damage to business relationships
  • Cost of procuring substitute services, goods, or technology
  • Failure of the Platform to meet your expectations, requirements, or business needs

External and Regulatory Matters:

  • Force majeure events including acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, civil unrest, or government actions
  • Platform restrictions, suspensions, or modifications required by government regulations, court orders, or regulatory bodies
  • Changes in laws, regulations, or industry standards that affect Platform functionality
  • Actions or omissions of any governmental authority or regulatory agency
  • Export control restrictions or sanctions compliance

Business and Operational Matters:

  • Business interruption, work stoppage, or productivity losses
  • Costs of recovering, reconstructing, or recreating lost data
  • Training, implementation, or transition costs
  • Any indirect, remote, or speculative damages of any kind
  • Any damages arising from your inability to use the Platform or any part thereof
  • Any claims brought against you by third parties

9.4 Acknowledgment of Risk

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL RISKS ASSOCIATED WITH YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY RISKS OF DATA LOSS, SYSTEM FAILURE, OR ANY OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS.

9.5 Essential Purpose

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION 9 SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF WHETHER TPOTALK WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES.

9.6 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless TPOTALK and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to reasonable attorneys' fees and costs) arising from or related to:

  • Your access to or use of the Platform
  • Your User Content or any content you submit, post, or transmit through the Platform
  • Your violation of these Terms
  • Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
  • Your violation of any applicable laws, rules, or regulations
  • Any dispute between you and another user or third party
  • Any claim that your User Content caused damage to a third party

This indemnification obligation will survive termination of these Terms and your use of the Platform. TPOTALK reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

11. Term and Termination

11.1 Term

These Terms are effective when you first access or use the Platform and continue until terminated as set forth herein.

11.2 Termination by You

You may terminate your account at any time through your account settings or by contacting us. Termination does not entitle you to a refund (except as provided in Section 7.3).

11.3 Termination by TPOTALK

We may suspend or terminate your account and access to the Platform immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms, engage in fraudulent activity, violate applicable laws, or for any other legitimate business reason. We are not required to provide any reason for termination.

11.4 Effect of Termination

Upon termination:

  • Your right to use the Platform ceases immediately
  • All licenses granted to you under these Terms terminate
  • TPOTALK may delete your account and User Content (subject to Section 4.3)
  • You remain liable for all fees incurred prior to termination

The following sections survive termination: Sections 4 (User Content and License), 8 (Intellectual Property), 9 (Disclaimers and Limitation of Liability), 10 (Indemnification), 12 (Dispute Resolution), and any other provisions that by their nature should survive.

12. Dispute Resolution, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE A JURY TRIAL, AND TO PARTICIPATE IN CLASS ACTIONS.

12.1 Governing Law

These Terms and any dispute arising from or related to these Terms or your use of the Platform shall be governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

12.2 Informal Dispute Resolution

Before initiating any arbitration or court proceeding, you agree to first contact TPOTALK and attempt to resolve any dispute informally. You must send a written description of your dispute to legal [at] tpotalk [dot] com with "Dispute Notice" in the subject line. We will attempt to resolve the dispute within thirty (30) days. If the dispute is not resolved within 30 days, either party may proceed with arbitration.

12.3 Binding Arbitration Agreement

ARBITRATION AGREEMENT: YOU AND TPOTALK AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE PLATFORM, OR ANY SERVICES OR PRODUCTS PROVIDED BY TPOTALK (COLLECTIVELY, "DISPUTES") SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT EITHER PARTY MAY BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT IF THE CLAIM QUALIFIES.

Arbitration Procedures: The arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Mediation Procedures in effect at the time the arbitration is initiated. If the AAA is not available, the parties shall mutually select an alternative arbitration forum. If they cannot agree, either party may ask a court to appoint an arbitrator.

  • The arbitration shall be conducted in the State of Wyoming, or at another location mutually agreed upon by the parties
  • The arbitration shall be conducted in English
  • The arbitrator shall be a retired judge or attorney with experience in commercial disputes
  • The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction
  • The arbitrator shall have the authority to award any remedy that would be available in court
  • Each party shall bear its own costs, and arbitration fees shall be shared equally unless the arbitrator determines otherwise

12.4 Class Action Waiver

CLASS ACTION WAIVER: YOU AND TPOTALK AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING.

If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision (except for the jury trial waiver) shall be null and void, and the dispute shall proceed in court.

12.5 Jury Trial Waiver

JURY TRIAL WAIVER: YOU AND TPOTALK HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and TPOTALK are instead electing to have claims and disputes resolved by arbitration. IN ARBITRATION THERE IS NO JUDGE OR JURY AND REVIEW IS LIMITED.

12.6 Time Limitation on Claims

ONE-YEAR LIMITATION PERIOD: YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OF THE PLATFORM, OR ANY SERVICES PROVIDED BY TPOTALK MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED. THIS ONE-YEAR LIMITATION PERIOD IS IN LIEU OF, AND SUPERSEDES, ANY LONGER STATUTE OF LIMITATIONS THAT MIGHT OTHERWISE APPLY.

12.7 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to legal [at] tpotalk [dot] com within thirty (30) days of first accepting these Terms. Your notice must include your name, address, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, you and TPOTALK will resolve disputes in court, subject to the other terms of this Section 12.

12.8 Exclusive Venue

For any disputes not subject to arbitration (including if you validly opt out), you agree that any such dispute shall be brought exclusively in the state or federal courts located in Wyoming, USA, and you consent to the personal jurisdiction of such courts.

13. Service Continuity

In the event TPOTALK discontinues the Platform:

  • We will provide at least 30 days' notice when practicable
  • You may have the opportunity to export your User Content, at our discretion
  • Unused prepaid subscription fees may be refunded on a pro-rata basis at TPOTALK's sole discretion
  • TPOTALK shall have no liability for Platform discontinuation

14. Electronic Communications and Consent

By using the Platform, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

This consent applies to:

  • Service-related emails and notifications
  • Promotional and marketing communications
  • Legal notices and policy updates
  • Transaction confirmations and receipts

This consent complies with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state laws.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and TPOTALK regarding the Platform and supersede all prior and contemporaneous agreements, proposals, and communications, written or oral.

15.2 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

15.3 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by TPOTALK.

15.4 Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. TPOTALK may freely assign these Terms without restriction. Any attempted assignment in violation of this section is void.

15.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any person or entity.

15.6 Force Majeure

TPOTALK shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, epidemics, power failures, telecommunications failures, or government actions.

15.7 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

15.8 Export Control

You agree to comply with all applicable export and re-export control laws and regulations. You may not access or use the Platform from any country subject to U.S. trade sanctions.

16. Contact Us

If you have questions about these Terms, please contact us:

TPOTALK, LLC

Legal Department

Email: legal [at] tpotalk [dot] com

Contact Form: tpotalk.com/contact

BY USING TPOTALK, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.

© 2026 TPOTALK, LLC. All rights reserved.